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    Disclaimer:
    *This asterisk denotes recent case law.

    Questions to Answer



    Note: Compassionate care benefits became payable effective January 04, 2004.
    1. Unemployed due to:
      • illness, injury, quarantine?
      • pregnancy?
      • need to care for a new-born or child placed for adoption
      • the serious medical condition of a family member who has a significant risk of death within 26 weeks?
    2. Applied for special benefits?
    3. Qualified for special benefits?

    References


     
    All special benefits:
    Act: section 12 Employment Insurance Act; related subsection 6(1) Employment Insurance Act, section 13 Employment Insurance Act.

    Sickness:
    Act and Regulations applying to all special benefits, plus:
    Act: paragraph 18(b) Employment Insurance Act, section 21 Employment Insurance Act
    Regulations: section 40 Employment Insurance Regulations

    Maternity:
    Act and Regulations applying to all special benefits, plus:
    Act: section 22 Employment Insurance Act
    Regulations: section 41 Employment Insurance Regulations; related subsection 40(5) Employment Insurance Regulations

    Parental:
    Act and Regulations applying to all special benefit, plus:
    Act: section 23 Employment Insurance Act

    Compassionate Care:
    Act and Regulations applying to all special benefits, plus:
    Act: section 23.1 Employment Insurance Act
    Regulations: sections 41.1 Employment Insurance Regulations, 41.11 Employment Insurance Regulations1, 41.2 Employment Insurance Regulations and 41.3 Employment Insurance Regulations

    Legal test


     
    major attachment (600 hours) required for:
    maternity, parental, compassionate care. Also, sickness if stopped working due to incapacity.
    Paragraph 18(b) Employment Insurance Act, sections 21 Employment Insurance Act, 22 Employment Insurance Act, 23 Employment Insurance Act, 23.1 of the Act   Employment Insurance Act

    proof required for all special benefits:
    Paragraph 18(b) Employment Insurance Act, sections 21 Employment Insurance Act, 22 Employment Insurance Act, 23 Employment Insurance Act, 23.1 of the Act   Employment Insurance Act. Regulations sections 40 Employment Insurance Regulations, 41 Employment Insurance Regulations, 41.1 Employment Insurance Regulations, 41.2 Employment Insurance Regulations, 41.3 Employment Insurance Regulations

    maximums payable: section 12 of the Act.   Employment Insurance Act
    Special benefits combined:

    Onus of proof


     
    Claimant must prove entitlement to special benefits

    Key Case Law


     
    LESIUK A-281-01 Judgment Of The Federal Court Of Appeal(leave to appeal dismissed by Supreme Court [ 29642 Judgement Of The Supreme Court Of Canada]) sections 6 and 7 of the Act do not contravene the Canadian Charter of Rights and Freedoms.
    MILLER A-137-01 Judgment Of The Federal Court Of Appeal, SOLLBACH A-197-98 Judgment Of The Federal Court Of Appeal:  Statutory maximum of special benefits does not contravene section 15 of the Canadian Charter of Rights and Freedoms   Section 15 of the Charter of Rights and Freedoms.

    BROWN A-435-00 Judgment Of The Federal Court Of Appeal:  Statutory maximum of special benefits is not discriminatory under the Canadian Human Rights Act

    VASILIADIS A-499-01 Judgment Of The Federal Court Of Appeal:  Two week waiting period applies to all benefits unless specifically excluded by some other provision of the Act.

    PANNU A-147-03 Judgment Of The Federal Court Of Appeal: Minimum number of insured hours must be accumulated in the qualifying period to be entitled.



    1 Regulation 41.11 broadens the definition of a family member and came into effect on June 11, 2006. 2012-01-05